(a)
The
person satisfies the eligibility criteria specified in division (A) of section
5816.11 of the Revised Code.

(b)
The
person is given the authority by the terms of a legacy trust to remove or
appoint one or more trustees of the trust or to direct, consent to, or
disapprove a trustee's actual or proposed investment, distribution, or other
decisions.

(2)
Any
person to whom division (A)(1) of this section applies is considered an advisor
even if that person is denominated by another title, such as protector.

(B)
"Asset" means property of a transferor but does not
include any of the following:

(1)
Property to the extent it is encumbered by a valid lien;

(2)
Property to the extent it is exempt at the time of a qualified disposition
under any applicable nonbankruptcy law, including, but not limited to, section
2329.66 of the Revised Code;

(3)
Property held in the form of a tenancy by the entireties to the extent that,
under the law governing the entireties estate at the time of a qualified
disposition, it is not subject to process by a creditor holding a claim against
only one tenant;

(4)
Any
property transferred from a nonlegacy trust to a legacy trust to the extent
that the property would not be subject to attachment under the applicable
nonbankruptcy law governing that nonlegacy trust.

(D)
"Beneficiary" has the same meaning as in section
5801.01 of the Revised Code.

(E)
"Claim" means a right to payment, whether or not the right is reduced to
judgment or is liquidated, unliquidated, fixed, contingent, matured, unmatured,
disputed, undisputed, legal, equitable, secured, or unsecured.

(F)
"Creditor" means a person who has a claim against a transferor and any
transferee or assignee of, or successor to, that claim.

(G)
"Debt"
means a liability on a claim.

(H)
"Disposition" means a transfer, conveyance, or assignment of property,
including, but not limited to, a partial, contingent, undivided, or
co-ownership interest in property. "Disposition" includes the exercise of a
general power so as to cause a transfer of property to a trustee or trustees
but does not include any of the following:

(1)
The
release or relinquishment of an interest in property that, until the release or
relinquishment, was the subject of a qualified disposition;

(2)
The
exercise of a limited power so as to cause a transfer of property to a trustee
or trustees;

(3)
A disclaimer of an interest in a trust, bequest,
devise, or inheritance.

(J)
"Investment decision" means any participation in any decision regarding the
retention, purchase, sale, exchange, tender, or other transaction affecting the
ownership of or rights in investments.

(K)

(1)
"Legacy trust" means a trust evidenced by a written trust instrument to which
all of the following apply:

(a)
The
trust has, names, or appoints at least one qualified trustee for or in
connection with the property that is the subject of a qualified
disposition.

(b)
The trust expressly incorporates the laws of this
state to wholly or partially govern its validity, construction, and
administration.

(c)
The trust
expressly states that it is irrevocable.

(d)
The
trust has a spendthrift provision applicable to the interests of any
beneficiary in the trust property, including any interests of a transferor in
the trust property.

(2)
A
trust that satisfies the criteria specified in division (K)(1) of this section
is considered a legacy trust even if the trust instrument also allows for one
or more nonqualified trustees and regardless of the language used to satisfy
those criteria.

(L)
"Lien"
has the same meaning as in section
1336.01 of the Revised Code.

(M)
"Nonlegacy trust" means any trust other than a legacy trust.

(N)
"Nonqualified trustee" means any trustee other than a qualified trustee.

(O)
"Person" has the same meaning as in section
5801.01 of the Revised Code.

(P)
"Property" has the same meaning as in section
5801.01 of the Revised Code.

(Q)
"Qualified affidavit" means an affidavit that meets the requirements of section
5816.06 of the Revised Code.

(R)
"Qualified disposition" means a disposition by or from a transferor to any
trustee of a trust that is, was, or becomes a legacy trust.

(S)
"Qualified trustee" means a person who is not a transferor and to whom both of
the following apply:

(1)

(a)
The
person, if a natural person, is a resident of this state.

(b)
The
person, if not a natural person, is authorized by the law of this state or by a
court of competent jurisdiction of this state to act as a trustee and whose
activities are subject to supervision by the Ohio superintendent of banks, the
federal deposit insurance corporation, the comptroller of the currency, or the
office of thrift supervision or a successor of any of them.

(2)
The
person maintains or arranges for custody in this state of some or all of the
property that is the subject of the qualified disposition, maintains records
for the legacy trust on an exclusive or nonexclusive basis, prepares or
arranges for the preparation of required income tax returns for the legacy
trust, or otherwise materially participates in the administration of the legacy
trust.

(T)
"Spendthrift provision" has the same meaning as in section
5801.01 of the Revised Code.

(U)
"Spouse" and "former spouse" means only the person to whom a transferor was
married on or before a qualified disposition is made.

(V)
"Transferor" means a person who directly or indirectly makes a
disposition.

(W)
"Valid lien" has the same meaning as in section
1336.01 of the Revised Code.

(A)
In addition to any other method allowed by law, the
spendthrift provision of a legacy trust may be stated as provided in division
(B) of section
5805.01 of the Revised Code.

(B)
Except
as otherwise provided in this section, the spendthrift provisions of a legacy
trust shall restrain both voluntary and involuntary transfer of a transferor's
interest in that trust. Any spendthrift provision in a legacy trust is
enforceable under any applicable nonbankruptcy law within the meaning of
section 541(c)(2) of the Bankruptcy Code regardless of whether or not the
relevant legacy trust instrument makes any reference to that enforceability. In
addition to the restraints required by this division, a legacy trust and its
spendthrift provisions may provide for any other restraints on alienation that
are permitted by any law of this state.

(C)
Notwithstanding division (B) of this section or the terms of any spendthrift
provision, but subject to divisions (D), (E), and (F) of this section, a
transferor's interest in property that is the subject of a qualified
disposition may be attached or otherwise involuntarily alienated in connection
with any debt that the transferor owes pursuant to an agreement or court order
for either of the following:

(1)
The
payment of child or spousal support or alimony to or for the transferor's
spouse, former spouse, child, or children, or to any governmental agency that
is designated by statute, rule, or regulation to be the payee of that child or
spousal support or alimony;

(2)
The
division or distribution of property in favor of the transferor's spouse or
former spouse.

(D)
A
transferor's interest in property that is transferred pursuant to a qualified
disposition and the transferor's beneficial interest in a legacy trust shall
not be subject to any claim for forced heirship or legitime.

(E)
A
transferor's interest in property that is transferred pursuant to a qualified
disposition and the transferor's beneficial interest in a legacy trust shall
not be subject to a distributive award under section
3105.171 of the Revised Code or to
any similar award under the law of another jurisdiction, to any person other
than the transferor's spouse or former spouse. A court shall liberally construe
and apply this provision in finding that such similarity exists.

(F)
Nothing in this section shall deprive any beneficiary of any exemption rights
that the beneficiary may have under any applicable law after the trust property
is received by that beneficiary.

To the extent conferred by the governing legacy trust instrument, a transferor
to a legacy trust may have any or all of the rights, powers, and interests
described in section
5816.05 of the Revised Code. A
transferor shall have no rights, powers, or interests in, over, to, or
regarding the corpus or income of a legacy trust unless those rights, powers,
or interests are granted, permitted, or recognized by both section
5816.05 of the Revised Code and
the governing legacy trust instrument. Any written, verbal, tacit, express, or
implied agreement or understanding or any other agreement or understanding
purporting to grant, permit, or recognize any greater rights, powers, or
interests than are provided in this section or the governing legacy trust
instrument is void. Any portion of a legacy trust instrument that is not voided
under this section shall remain valid and effective.

A legacy trust may allow or provide for any or all of the following rights,
powers, interests, or provisions, none of which grants, or is considered to be,
either alone or in any combination, a right or power to revoke a trust or to
voluntarily or involuntarily transfer an interest in that trust:

(A)
A
provision that, upon the happening of a defined event, results in the
termination of a transferor's right to mandatory income or principal;

(B)
The
power of a transferor to veto a distribution from the trust;

(C)
A
power of appointment, other than a power to appoint to a transferor, a creditor
of the transferor, the estate of the transferor, or a creditor of the
transferor's estate, that is exercisable by will or by other written instrument
of a transferor effective upon the death of the transferor or during the
lifetime of the transferor;

(D)
The
right of a transferor to receive trust income as set forth in the trust
instrument.

(E)
Both of the following:

(1)
A
transferor's potential or actual receipt of income or principal from a
charitable remainder unitrust or charitable remainder annuity trust as those
terms are defined in section 664 of the Internal Revenue Code;

(2)
The
transferor's right, at any time and from time to time by written instrument
delivered to the trustee, to release the transferor's retained interest in that
unitrust or annuity trust, in whole or in part, in favor of one or more
charitable organizations that have a succeeding beneficial interest in that
unitrust or annuity trust;

(F)
The
power of a transferor to consume, invade, or appropriate property of the trust,
but only if limited in each calendar year to five per cent of the value of the
trust principal at the time of the exercise of the power;

(G)
A
transferor's potential or actual receipt or use of principal or income of the
trust if the potential or actual receipt or use is or would be the result of
any of the following that applies with respect to one or more of the qualified
trustees:

(1)
A
qualified trustee's acting in the trustee's discretion. For purposes of
division (G)(1) of this section, a qualified trustee shall have discretion with
respect to the distribution or use of principal or income unless the discretion
is expressly denied to the trustee by the terms of the trust instrument.

(2)
A
qualified trustee's acting pursuant to a standard in the trust instrument that
governs the distribution or use of principal or income;

(3)
A
qualified trustee's acting at the direction of an advisor who is acting in the
advisor's discretion or pursuant to a standard in the trust instrument that
governs the distribution or use of principal or income. If an advisor is
authorized to direct that distribution or use, the advisor's authority shall be
discretionary unless otherwise expressly stated in the trust instrument.

(H)
The right of a transferor to remove any advisor and
appoint a new advisor who satisfies the eligibility criteria set forth in
division (A) of section
5816.11 of the Revised Code;

(I)
The
right of a transferor to remove any trustee and appoint a new trustee;

(J)
A
transferor's potential or actual use of real property or tangible personal
property, including, but not limited to, property held under a qualified
personal residence trust as described in section 2702(c) of the Internal
Revenue Code and regulations promulgated under that section, or a transferor's
possession and enjoyment of a qualified interest as defined in section 2702(b)
of the Internal Revenue Code;

(K)
Any
provision requiring or permitting the potential or actual use of trust income
or principal to pay, in whole or in part, income taxes due on the income of the
trust, including, but not limited to, any provision permitting that use in the
discretion of any one or more of the qualified trustees acting in the qualified
trustee's discretion or at the direction of an advisor who is acting in the
advisor's discretion;

(L)
The
ability of a qualified trustee, whether pursuant to the qualified trustee's
discretion or the terms of the legacy trust instrument or at the direction of
an advisor, to pay after the death of a transferor all or any part of the debts
of the transferor outstanding on or before the transferor's death, the expenses
of administering the transferor's estate, or any estate, gift, generation
skipping transfer, or inheritance tax;

(M)
Any
provision that pours back after the death of a transferor all or part of the
trust property to the transferor's estate or any trust;

(N)
Any
other rights, powers, interests, or provisions permitted or allowed by any
other section of this chapter.

(A)
Except as otherwise provided in this section, a
transferor shall sign a qualified affidavit before or substantially
contemporaneously with making a qualified disposition.

(B)
A
qualified affidavit shall be notarized and shall contain all of the following
statements under oath:

(1)
The property being transferred to the trust was not
derived from unlawful activities.

(2)
The
transferor has full right, title, and authority to transfer the property to the
legacy trust.

(3)
The transferor will not be rendered insolvent
immediately after the transfer of the property to the legacy trust.

(4)
The
transferor does not intend to defraud any creditor by transferring the property
to the legacy trust.

(5)
There
are no pending or threatened court actions against the transferor, except for
any court action identified by the affidavit or an attachment to the
affidavit.

(6)
The transferor is not involved in any administrative
proceeding, except for any proceeding identified by the affidavit or an
attachment to the affidavit.

(7)
The
transferor does not contemplate at the time of the transfer the filing for
relief under the Bankruptcy Code.

(C)
A
qualified affidavit is considered defective if it materially fails to meet the
requirements set forth in division (B) of this section, but a qualified
affidavit is not considered defective due to any one or more of the
following:

(1)
Any
nonsubstantive variances from the language set forth in division (B) of this
section;

(2)
Any statements or representations in addition to those
set forth in division (B) of this section if the statements or representations
do not materially contradict the statements or representations required by that
division;

(3)
Any technical errors in the form, substance, or method
of administering an oath if those errors were not the fault of the affiant, and
the affiant reasonably relied upon another person to prepare or administer the
oath.

(D)

(1)
A
qualified affidavit is not required from a transferor who is not a beneficiary
of the legacy trust that receives the disposition.

(2)
A
subsequent qualified affidavit is not required in connection with any qualified
disposition made after the execution of an earlier qualified affidavit if that
disposition is a part of, is required by, or is the direct result of, a prior
qualified disposition that was made in connection with that earlier qualified
affidavit.

(E)
If a
qualified affidavit is required by this section and a transferor fails to
timely sign a qualified affidavit or signs a defective qualified affidavit,
subject to the normal rules of evidence, that failure or defect may be
considered as evidence in any proceeding commenced pursuant to section
5816.07 of the Revised Code, but
the legacy trust or the validity of any attempted qualified disposition shall
not be affected in any other way due to that failure or defect.

(A)
Notwithstanding any provision of law to the contrary
but subject to division (G) of section
5816.10 of the Revised Code, no
creditor may bring an action of any kind, including, but not limited to, an
action to enforce a judgment entered by a court or other body having
adjudicative authority, an action at law or in equity, or an action for an
attachment or other final or provisional remedy, against any person who made or
received a qualified disposition, against or involving any property that is the
subject of a qualified disposition or is otherwise held by or for any trustee
as part of a legacy trust, or against any trustee of a legacy trust, except
that a creditor, subject to this section and section
5816.08 of the Revised Code, may
bring an action to avoid any qualified disposition of an asset on the ground
that a transferor made the qualified disposition with the specific intent to
defraud the specific creditor bringing the action.

(B)
A
creditor's cause of action or claim for relief under division (A) of this
section to avoid any qualified disposition of an asset is extinguished unless
that action is brought by a creditor of a transferor who meets one of the
following requirements:

(1)
The creditor is a creditor of the transferor before
the relevant qualified disposition, and the action is brought within the later
of the following periods:

(a)
Eighteen months after the qualified disposition;

(b)
Six
months after the qualified disposition is or reasonably could have been
discovered by the creditor if the creditor files a suit against the transferor,
other than an action under division (A) of this section to avoid the qualified
disposition, or makes a written demand for payment on the transferor that in
either case asserts a claim based on an act or omission of the transferor that
occurred before the qualified disposition, and that suit is filed, or the
written demand is delivered to the transferor, within three years after the
qualified disposition.

(2)
The
creditor becomes a creditor after the qualified disposition, and the action
under division (A) of this section to avoid the qualified disposition is
brought within eighteen months after the qualified disposition.

(C)
In any action to avoid the qualified disposition under
this section, the burden is upon the creditor to prove the matter by clear and
convincing evidence. This division is construed as providing a substantive
rather than a procedural rule or right under the law of this state.

(D)
Notwithstanding any provision of law to the contrary but subject to division
(G) of section
5816.10 of the Revised Code, a
creditor or any other person shall have only the rights and remedies with
respect to a qualified disposition that are provided in this section and
section 5816.08 of the Revised Code, and
the creditor or other person shall have no claim or cause of action against any
trustee or advisor of a legacy trust or against any person involved in the
counseling in connection with, or the drafting, preparation, execution,
administration, or funding of, a legacy trust.

(E)
Notwithstanding any provision of law to the contrary but subject to division
(G) of section
5816.10 of the Revised Code, and
in addition to any other limitations, restrictions, or bars imposed by this
section, no action of any kind, including, but not limited to, an action to
enforce a judgment entered by a court or other body having adjudicative
authority, shall be brought at law or in equity against a trustee or an advisor
of a legacy trust or against any person involved in the counseling in
connection with, or the drafting, preparation, execution, administration, or
funding of, a legacy trust if and to the extent that, in connection with the
qualified disposition that forms the basis of that action, the time in which a
creditor could sue to avoid that qualified disposition would have expired under
this section.

(F)
If more than one qualified disposition is made in
connection with the same legacy trust, all of the following apply:

(1)
Each
qualified disposition will be separately evaluated, without regard to any
subsequent qualified disposition, to determine whether a creditor's claim
regarding that particular qualified disposition is extinguished as provided in
division (B) of this section.

(2)
The
following apply when determining the order in which property is paid, applied,
or distributed from a legacy trust:

(a)
Any
payment, application, or distribution of money is considered to have been made
from or with the money most recently received or acquired by any trustee of a
legacy trust except to the extent that it is proven otherwise beyond a
reasonable doubt. As used in division (F)(2)(a) of this section:

(i)
"Money" means cash or cash equivalents.

(ii)
"Cash" means the coins or currency of the United States or any other
nation.

(iii)
"Cash equivalent" includes certified or uncertified
checks; money orders; bank drafts; any electronic transfer of funds; negotiable
instruments; instruments indorsed in blank or in bearer form; securities issued
or guaranteed by the United States, any state of the United States, or any
state or federal agency; funds on deposit in any savings or checking account or
any similar account; funds on deposit in any money market account or similar
account; any demand deposit account, time deposit account, or savings deposit
account at any bank, savings and loan association, brokerage house, or similar
institution; or any other monetary instrument or device that is commonly or
routinely accepted as a cash equivalent. Division (F)(2)(a)(iii) of this
section shall be liberally construed and applied.

(b)
Any
payment, application, or distribution of fungible assets other than money is
considered to have been made from or with the fungible assets most recently
received or acquired by any trustee of a legacy trust except to the extent that
it is proven otherwise by clear and convincing evidence. For purposes of
division (F)(2)(b) of this section:

(i)
Any
asset that can be classified as either money or a fungible asset shall be
classified as money.

(ii)
"Fungible assets" means any assets, other than money, that are interchangeable
for commercial purposes and the properties of which are essentially identical.
Division (F)(2)(b)(ii) of this section shall be liberally construed and
applied.

(c)
Division (F)(2) of this section is construed as providing a substantive rather
than a procedural rule or right under the law of this state.

(G)
For purposes of this section, the counseling in
connection with, or the drafting, preparation, execution, administration, or
funding of, a legacy trust includes the counseling in connection with, or the
drafting, preparation, execution, administration, or funding of, any limited
partnership, limited liability company, corporation, or similar or comparable
entity if the limited partnership interests, limited liability company
interests, stock, or other similar or comparable ownership interests in the
relevant entity are subsequently transferred to any trustee of any trust that
is, was, or becomes a legacy trust.

All of the following apply in connection with any action brought pursuant to
this section or division (A) of section
5816.07 of the Revised Code:

(A)
If a
qualified disposition is wholly or partially avoided, all of the following
apply:

(1)
That
specific qualified disposition shall be avoided only to the extent necessary to
satisfy a transferor's debt to the creditor who brought the action pursuant to
division (A) of section
5816.07 of the Revised Code, and
any part of the qualified disposition that is not used to satisfy that debt
shall remain subject to the legacy trust in question.

(2)
All
other qualified dispositions to any trustee of the legacy trust in question,
including, but not limited to, any qualified disposition of a partial,
co-ownership, or undivided interest in property by a transferor other than the
transferor whose qualified disposition is avoided, together with the legacy
trust itself, shall remain valid and effective.

(3)
If the
court is satisfied that a trustee has not acted in bad faith in accepting or
administering the property that is the subject of the avoided qualified
disposition, all of the following apply:

(a)
The
trustee shall have a first and paramount lien against the property that is the
subject of the qualified disposition in an amount equal to the entire cost,
including attorney's fees, properly incurred by the trustee in the defense of
the action or proceedings to avoid the qualified disposition.

(b)
The
qualified disposition shall be avoided subject to the proper fees, costs, and
pre-existing rights, claims, and interests of the trustee and of any
predecessor trustee that has not acted in bad faith.

(c)
For
purposes of division (A)(3) of this section, no trustee shall be considered to
have acted in bad faith merely because the trustee accepted the property that
is the subject of the qualified disposition.

(4)
If the
court is satisfied that a beneficiary of a legacy trust has not acted in bad
faith in receiving a distribution from that trust, the avoidance of the
qualified disposition shall be subject to the right of the beneficiary to
retain that distribution if the distribution was made upon the exercise of a
trust power or discretion vested in a trustee or advisor and that power or
discretion was exercised prior to the creditor's commencement of the action to
avoid the qualified disposition. For purposes of division (A)(4) of this
section, no beneficiary, including a beneficiary who is also a transferor of
the trust, shall be considered to have acted in bad faith merely because the
beneficiary accepted a distribution made in accordance with the terms of the
trust instrument.

(5)
A
creditor has the burden of proving by clear and convincing evidence that a
trustee or a beneficiary acted in bad faith under division (A)(3) or (4) of
this section. Division (A)(5) of this section is construed as providing a
substantive rather than a procedural rule or right under the law of this
state.

(B)
The
court shall award reasonable attorney's fees and costs to any prevailing party
in any final judgment rendered in any action wholly or partially brought under
this section or division (A) of section
5816.07 of the Revised Code.

Any successor or replacement trustees of a legacy trust shall be determined or
selected in the following manners:

(A)

(1)
Division (A)(2) of this section applies if in any action involving a legacy
trust or any trustee of the legacy trust a court takes an action in which the
court declines to apply the law of this state in determining any of the
following matters:

(a)
The validity, construction, or administration of the
trust;

(b)
The effect of any term or condition of the trust,
including, but not limited to, a spendthrift provision;

(c)
The
rights and remedies of any creditor or other suitor in connection with a
qualified disposition.

(2)
Immediately upon the court's action under division (A)(1) of this section and
without the need for any order of any court, any qualified trustee who is a
party to that action shall cease in all respects to be a trustee of the legacy
trust, and the position of trustee shall be occupied in accordance with the
terms of the trust instrument that governed the legacy trust immediately before
that cessation, or, if the terms of the trust instrument do not provide for
another trustee and the trust would otherwise be without a trustee, any court
of this state, upon the application of any beneficiary of the legacy trust,
shall appoint a successor qualified trustee upon the terms and conditions that
it determines to be consistent with the purposes of the trust and this chapter.
Upon a qualified trustee ceasing to be a trustee pursuant to division (A)(2) of
this section, that qualified trustee shall have no power or authority other
than to convey trust property to any other trustee that is appointed,
installed, or serving in accordance with that division.

(3)
For
purposes of division (A) of this section, "court" includes a judicial tribunal,
an administrative tribunal, or other adjudicative body or panel.

(B)
In all cases other than the situation described in
division (A) of this section, both of the following apply:

(1)
If a
legacy trust ceases to have at least one qualified trustee, the vacancy in the
qualified trusteeship shall be filled pursuant to section
5807.04 of the Revised Code except
to the extent that the legacy trust expressly provides otherwise.

(2)
If a
legacy trust ceases to have at least one trustee, the vacancy in the
trusteeship shall be filled pursuant to section
5807.04 of the Revised Code, and
the successor trustee shall be a qualified trustee unless the legacy trust
instrument expressly provides otherwise.

(A)
In the event of any conflict between any provision of
this chapter and any provision of Chapter 1336. of the Revised Code or any
other provision of law similar to any provision of Chapter 1336. of the Revised
Code, the provision of this chapter shall control and prevail.

(B)
A
statement in a trust instrument stating that it "shall be governed by the laws
of Ohio" or other statement to similar effect or of similar import is
considered to expressly incorporate the laws of this state to govern the
validity, construction, and administration of that trust instrument and to
satisfy division (K)(1)(b) of section
5816.02 of the Revised Code.

(C)
A
disposition by a nonqualified trustee to a qualified trustee shall not be
treated as other than a qualified disposition solely because the nonqualified
trustee is a trustee of a nonlegacy trust.

(D)
A
disposition to any nonqualified trustee of a legacy trust shall be treated as a
qualified disposition if at the time of the disposition any of the following
applies:

(1)
There
is at least one qualified trustee serving pursuant to the terms of that legacy
trust.

(2)
There is no qualified trustee serving but the
circumstances require the appointment or installation of a qualified trustee
pursuant to division (A)(2) of section
5816.09 of the Revised Code.

(3)
There
is no qualified trustee serving but within one hundred eighty days after the
date of disposition a qualified trustee fills the vacancy in the qualified
trusteeship or an application to appoint a qualified trustee is filed pursuant
to division (B) of section
5816.09 of the Revised Code.

(E)
If a disposition is made by a trustee of a nonlegacy
trust to a trustee of a legacy trust, both of the following apply:

(1)
Except
to the extent expressly stated otherwise by the terms of that disposition, the
disposition shall be considered a qualified disposition for the benefit of all
of the persons who are the beneficiaries of both the nonlegacy trust and the
legacy trust.

(2)
The date of the disposition to the legacy trust shall
be considered to be the date on which the property that was part of the
nonlegacy trust was first continuously subject to any law of a jurisdiction
other than this state that is similar to this chapter. A court shall liberally
construe and apply division (E)(2) of this section in finding that such
continuity and similarity exist.

(F)
A
legacy trust may contain any terms or conditions that provide for changes in or
to the place of administration, situs, governing law, trustees or advisors, or
the terms or conditions of the legacy trust or for other changes permitted by
law.

(G)
Any valid lien attaching to property before a
disposition of that property to a trustee of a legacy trust shall survive the
disposition, and the trustee shall take title to the property subject to the
valid lien and subject to any agreements that created or perfected the valid
lien. Nothing in this chapter shall be construed to authorize any disposition
that is prohibited by the terms of any agreements, notes, guaranties,
mortgages, indentures, instruments, undertakings, or other documents. In the
event of any conflict between this division and any other provision of this
chapter, this division shall control.

(H)
To the
maximum extent permitted by the Ohio Constitution and the United States
Constitution, the courts of this state shall exercise jurisdiction over any
legacy trust or any qualified disposition and shall adjudicate any case or
controversy brought before them regarding, arising out of, or related to, any
legacy trust or any qualified disposition if that case or controversy is
otherwise within the subject matter jurisdiction of the court. Subject to the
Ohio Constitution and the United States Constitution, no court of this state
shall dismiss or otherwise decline to adjudicate any case or controversy
described in this division on the ground that a court of another jurisdiction
has acquired or may acquire proper jurisdiction over, or may provide proper
venue for, that case or controversy or the parties to the case or controversy.
Nothing in this division shall be construed to do either of the
following:

(1)
Prohibit a transfer or other reassignment of any case or controversy from one
court of this state to another court of this state;

(2)
Expand
or limit the subject matter jurisdiction of any court of this state.

Except to the extent expressly provided otherwise by the terms of a legacy
trust instrument, each trustee and each advisor of a legacy trust shall have
the greatest discretion permitted by law in connection with all matters of
trust administration, all trust distributions, and all other trustee or advisor
decisions.

No beneficiary or other person shall be considered to have a property interest
in any property of a legacy trust to the extent that the distribution of that
property is subject to the discretion of one or more qualified trustees or
advisors, either acting alone or in conjunction with any other person,
including any person authorized to veto any distributions from the legacy
trust.